Orissa HC seeks affidavit as state accused of lax enforcement of illegal mining penalties

Chief Justice Harish Tandon and Justice MS Raman expressed concern that Odisha has not fully implemented the Supreme Court’s 2017 directions mandating 100% penalty on illegal miners.
Image used for representational purposes.
Image used for representational purposes.File Photo
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CUTTACK: The Orissa High Court on Tuesday expressed serious concern over the state government’s alleged failure to strictly implement the Supreme Court’s directions on illegal mining and sought an affidavit giving details of the steps taken so far.

A division bench comprising Chief Justice Harish Tandon and Justice MS Raman was hearing a PIL filed by Sravan Kumar Deb (64) of Deogarh. The petition alleged that despite a Constitution bench judgement of the Supreme Court dated August 2, 2017, the state has not rigorously enforced the directions mandating 100 per cent penalty on illegal mining.

Referring to the apex court’s observations, the bench noted that the Supreme Court had expressed serious concern over rampant illegal mining in Odisha and categorically held that there was no escape from imposing a cent per cent penalty on illegal miners. But the state appeared to have adopted an apathetic attitude in taking adequate measures, the bench observed.

The petition highlighted instances where certain mine owners were allegedly being treated leniently, with penalties either miscalculated or not calculated at all, contrary to the SC judgment and the findings of the Shah Commission. Illegalities and irregularities were committed in assessing penalties for mining outside leasehold areas, particularly in Keonjhar, Mayurbhanj and Sundargarh districts, it submitted.

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